[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S14031-S14032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   TWELVE FAMILIES NEED CAMBODIAN VISAS TO BRING THEIR CHILDREN HOME

  Ms. LANDRIEU. Mr. President, I know the Senator from Ohio and others 
are waiting to speak on other matters before we leave, but last night 
there was a troubling expose done on a very unfortunate circumstance, 
and that circumstance involves 12 American families who are stuck in 
Cambodia because they are unable to obtain visas for their newly 
adopted children. They are unable to get those visas to come back to 
the United States safely with these children to celebrate what would 
have been a joyous homecoming on these holidays.
  We are all getting ready to join our families and loved ones in our 
home States for Christmas and for the holidays. It is not just parents 
being reunited with children and children with parents, but 
grandchildren, aunts, uncles, and cousins. This holiday season, as we 
have all said, is going to be even that much more special because of 
the challenges before our Nation and the events of September 11 and 
subsequent events that make us realize how important our families are 
to us and our loved ones.
  We are mindful as we leave today, happy with some of the successes we 
have had, of the pain and suffering that will be felt during this 
holiday season by 3,000 families and many more who were directly 
affected, who will not have a loved one present for the holidays.
  For the record, there is not anything I can offer at this moment--no 
piece of legislation, no fix that I can offer at this moment--but it is 
my intention to work with all the Senators and to work with the INS, to 
work with the State Department over the course of the next several days 
and weeks and months, if necessary, to make sure these American 
families can get the visas, take their children safely and come to the 
United States.
  According to the INS and according to the story and the details I 
know, there is concern that there is fraud and abuse in Cambodia and 
therefore that is why the visas were not issued. I acknowledge that, 
unfortunately, in the whole area of adoption, both domestic and 
international, there is some fraud and abuse. We need to do everything 
we can to make sure that fraud and abuse is stamped out. This Senate, 
this House, and this Congress, with the help of President Clinton as 
well as President Bush and both State Departments in the last 
administration and this administration, are working diligently on that.
  We have passed a Hague treaty, an international treaty aimed 
specifically at making the system of adoption more transparent, 
eliminating the middleman, reducing time, and encouraging people to 
adopt children from all over the world because there are so many 
children who need a home and so many families who want to add children 
to their families, to build and strengthen their families through 
adoption.
  Denying visas to 12 American families who pay their taxes, good 
community citizens, people who are doing everything they think is 
right, and then denying the visas is, I suggest, not the right 
approach. I am hoping our INS, with our new Commissioner, Mr. Ziglar, 
who we all know very well and who I have spoken to directly about this 
issue, as well as the State Department and Secretary Powell and others, 
will look into this matter and come to an understanding and agreement 
to allow these children to come with their families.
  These children are 6 months to 31 months old. I have learned if 
children are not adopted in Cambodia by the age of 8, under the 
Cambodian rules and regulations, children are not able to be adopted. 
So there is an urgency. There are time issues here. It is very 
important to try to work through this situation to help these families 
who are from Illinois, Pennsylvania, New York, Maine, Virginia, 
Oklahoma, Washington, and Arizona; none from Louisiana.
  As the chair of the adoption caucus, I bring this to the attention of 
the Senate. I will be working as much as I can over the next weeks and 
months to make sure this issue is resolved. There are procedures that 
can be used to focus on eliminating abuse and corruption but holding up 
families who have gone through the process, sometimes excruciating 
detail, without specific allegations of fraud in these individual 
cases, is beyond where I think we need to go.
  In conclusion, we need to promote adoption, helping the system to be 
transparent and encouraging people by saying, it is not too long, it is 
not too tough, it is not too difficult, and it is worth it to bring 
some of these children to our country and to provide permanency and 
love to so many who have so little to hope for.
  Mr. President, I ask unanimous consent to have these details printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

        Why These 12 Notices of Intent To Deny Should Be Revoked

       The Consular Officials in Cambodia reviewed each child's 
     documents PRIOR to the child being legally adopted under 
     Cambodian law. The documents were again reviewed by Consular 
     Officials prior to the parents being notified that all was in 
     order and scheduling of their interviews. So the U.S. State 
     Department had two opportunities to identify problems prior 
     to the parents traveling to Cambodia to bring home their 
     child. These children are now officially adopted by American 
     citizens. To deny these children visas for no specific, 
     concrete reason, is to make orphans out of these children all 
     over again.
       INS should revoke the Notice of Intent to Deny Letters it 
     issued in the recent Cambodian cases for the following 
     reasons.
       1. INS did not conduct a case-by-case investigation.
       INS has a policy to adjudicate cases on a case-by-case 
     basis. This policy is predicated on the premise that each 
     case has unique facts, documents and circumstances. In 
     reviewing the seven (7) Notice of Intent to Deny Letters, the 
     matters addressed are exactly alike. The cases do not even 
     reflect correct information about the children and their 
     respective ages. Specifically, the letters focus on children 
     that are infants. However, in review of the children is 
     issue, a significant number of children are not infants.
       One child is 31 months old;
       One child is 25 months old;
       One child is 23 months old;
       One child is 20 months old;
       One child is 10 months old;
       Seven children are approximately 6 months old; and
       DOB May 8th 2001 and abandoned May 14 (Munson).
       It is important to note that all of the children have been 
     in the Asian Orphanage Association for at least six (6) 
     months. These children have been processed through the 
     Cambodian judicial system and have been adopted by American 
     families in accordance with the laws of Cambodia.
       2. The investigation is flawed: INS only investigated cases 
     that were facilitated by a Cambodian man, Serey Puth--it did 
     not investigate orphans from other orphanages or children who 
     came through other facilitators; INS interviewed secondary 
     sources when persons holding primary roles were available; 
     faulty translations; and erroneous information in the Notice 
     of Intent to Deny.
       (a) The only children that were targeted in this 
     investigation were children that has been processed through a 
     Cambodian facilitator, Serey Puth. Children who were placed 
     through other orphanages and other facilitators were not 
     investigated.
       (b) Generally, INS protocol is to conduct extensive 
     investigations. Statements are taken under oath by competent 
     investigators and translators. Usually, primary parties are 
     interviewed. This did not occur in these cases.

[[Page S14032]]

       INS only interviewed three persons. Mrs. Phorn Phon, the 
     wife of a village chief for Chaneng Mang village, Mr. Yo a 
     member of the staff of the Asian Orphanage Association and a 
     villager on motorcycle.
       It would have been more appropriate to interview the chief 
     instead of the chief's wife. It is not sound reasoning to 
     expect the wife of the village chief to know everything that 
     the chief knows.
       It would have been more direct and informative to interview 
     Serey Puth, the owner and director or the Asian Orphanage 
     Association than Mr. Yo a staff member of AOA. Mr. Yo has the 
     responsibility of listing children in the orphanage's 
     registry, making sure the premises are clean and in good 
     repair. He is not privy as to the circumstances of the 
     particular cases. He would not know when and where children 
     were born.
       Additionally, Serey Puth, the director and owner of the AOA 
     orphanage was available and willing to meet with the INS 
     officials. Although he had just moved the location of his 
     office, it would not have been difficult to locate him.
       It would have been more credible to interview persons in 
     authority than to interview someone who drove by the chief's 
     dwelling on a motorcycle and claimed he was the deputy chief 
     of a village near by.
       (c) There is a serious problem with the comprehension and/
     or translations. Here are three examples of erroneous 
     interpretations by the translator.
       (i) The Notice of Intent to Deny letter contains the 
     following pertinent statement by Mr. Yo. ``Mr. Yo was then 
     asked if he thought that it was reasonable to accept the 
     answers that he had given and he said he did not.''
       Please note that this statement is taken directly from the 
     Notice of Intent to Deny. The only explanation for such a 
     dialogue is that Mr. Yo did not understand the investigator's 
     question or Mr. Yo has some serious competency problems.
       (ii) When the INS investigator asked Mr. Yo where Serey 
     Puth was, Mr. Yo responded that Serey Puth, the orphanage 
     director and owner, was out in the country as in the 
     countryside. However, the translator interpreted his answer 
     to be that Serey Puth was out of the country. Serey Puth 
     never left the country during the nine day INS investigation.
       (iii) The Chief's wife was asked if any children were 
     abandoned in the village and she stated that there were not. 
     That is true, children from her village had not been 
     abandoned. However, children from other whereabouts had been 
     abandoned to the village.
       Review of these examples illustrates how words not properly 
     translated can lead to very unfavorable conclusions.
       (d) The Intent to Deny states that a raid was conducted of 
     the Asian Orphanage Association premises. This is false. The 
     Cambodian officials conducted a raid of a medical center, not 
     AOA. Some of the children from the orphanage were being 
     treated at the medical center.
       Additionally, the Intent to Deny states that ``accusations 
     of baby trafficking have been levied against the director.'' 
     This too is false! Evidence from the Cambodian newspapers 
     confirm the allegations made herein.
       3. Cambodian government authorities are satisfied that 
     their law has been fully complied with.
       MOSALVY, a Cambodian governmental entity (Ministry of 
     Social Affairs, Labor, Vocational Training and Youth 
     Rehabilitation) informed the American prospective adoptive 
     parents that they had been approved to adopt specific 
     Cambodian children. Additionally, MOSALVY issued a 
     Certificate of Adoption for each of the children in issue. 
     Had there been any irregularities regarding these children, 
     it would seem that the Cambodian government would have been 
     aware of the problems. Furthermore, if the Cambodian 
     government believes that the Asian Orphanage Association did 
     not comply with Cambodian law, then MOSALVY has the ability 
     to revoke the Certificates of Adoption.
       In addition, under the old Cambodian Law, if it was not 
     known where a child was born, the place of birth was picked 
     randomly. In the last year, the law has been changed. 
     Currently, when an abandoned child is found, his place of 
     birth is where he was found. However, at the time that the 
     children were born and registered with vital records, the 
     orphanage director complied with the law of that time--he 
     picked a place of birth.
       INS sent Jean M. Christiansen from the INS District Office 
     in Bangkok to investigate the cases. While in Cambodia for 
     nine days, her staff conducted an investigation. Under her 
     pen, INS issued Notices of Intent to Deny to the American 
     families. INS should revoke its Notices of Intent to Deny.

         CAMBODIAN CASES THAT RECEIVED NOTICES OF INTENT TO DENY
------------------------------------------------------------------------
            Adoptive parents' State                 DOB          DOA
------------------------------------------------------------------------
Pennsylvania..................................      5-05-99      1-01-01
Illinois......................................     10-10-99     11-26-99
Illinois......................................      1-07-00      2-10-01
NY............................................      2-04-00      3-10-00
NY............................................      2-10-01      4-25-01
Maine.........................................      2-27-01      3-14-01
Illinois......................................      5-01-01      5-06-01
Virginia......................................      5-05-01      5-12-01
Oklahoma......................................      5-08-01      5-14-01
Arizona.......................................      5-18-01      5-25-01
Washington....................................      5-22-01      5-29-01
Arizona.......................................      5-29-01      6-01-01
Illinois......................................      6-14-01      6-21-01
------------------------------------------------------------------------
DOB: Date of birth.
POA: Place of abandonment.


                                                  CAMBODIAN CASES TO RECEIVE NOTICES OF INTENT TO DENY
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Place of     Place of
            State and contact                  DOB          DOA         birth     abandonment    US agency or facilitator         Orphanage contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania.............................      5-05-99      1-01-01  ...........  ...........  ............................  AOA/.
Illinois.................................     10-10-99     11-26-99  ...........  ...........  ............................  AOA/RO.
Illinois.................................      1-07-00      2-10-01  ...........  ...........  ............................  AOA/RO.
NY.......................................      3-04-00      3-10-00  ...........  ...........  ............................  AOA/RO.
NY.......................................       2-8-01        5  01  ...........  ...........  Independent Facilitator       Cambodian, French Hungarian
                                                                                                Cassandra Keirstead.          Friendship Orphanage.
Maine....................................      2-27-01      3-14-01  ...........  ...........  ............................  AOA.
Illinois.................................      5-01-01      5-06-01  ...........  ...........  ............................  AOA/RO.
Virginia.................................      5-05-01      5-12-01  ...........  ...........  Independent Facilitator       Cambodian, French Hungarian
                                                                                                Cassandra Keirstead.          Friendship Orphanage.
Oklahoma.................................      5-08-01      5-14-01  ...........  ...........  ............................  AOA/RO.
Arizona..................................      5-22-01  ...........  ...........  ...........  Independent Facilitator       Cambodian, French Hungarian
                                                                                                Cassandra Keirstead.          Friendship Orphanage.
Washington...............................      5-22-01  ...........  ...........  ...........  Independent Facilitator       Cambodian, French Hungarian
                                                                                                Cassandra Keirstead.          Friendship Orphanage.
Arizona..................................      5-29-01       6-1-01  ...........  ...........  ............................  AOA/RO.
Illinois.................................      6-14-01      6-21-01  ...........  ...........  ............................  AOA/RO.
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOB: Date of birth.
POB: Place of birth.
POA: Place of abandonment.
AOA: Asian Orphanage Association.
RO: Web site Reaching Out.

  Ms. LANDRIEU. I thank the Senator from Oklahoma. One or two or more 
of these families are from his home State. He has been such an advocate 
of adoption and such a tremendous leader in this area. I know he would 
understand. We will keep the Senate posted and work with the officials 
from the executive department to see if it is resolved.
  My wish to the families is that we could give them Christmas in the 
United States and get it resolved in the next few days. Perhaps that is 
possible. If not, we will revisit the issue when we come back in 
January.
  The PRESIDING OFFICER (Mr. Reed). The Senator from Oklahoma.
  Mr. NICKLES. I congratulate and compliment my friend and colleague 
from Louisiana for her leadership in adoption, for the statement she 
just made. Adoption is an issue we have worked on in a bipartisan way, 
and we will continue to work in a bipartisan way. There are lots of 
families who are impacted both in the United States and worldwide. My 
colleague from Louisiana has done a very good job, and I am happy to 
work with her.
  The story last night is heartbreaking. Many of our staff members have 
been working on these issues for a long time. I compliment her for it.

                          ____________________